2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 8 - Offenses Involving Theft
Article 1 - Theft
§ 16-8-7. Theft by Receiving Stolen Property

Universal Citation: GA Code § 16-8-7 (2021)
  1. A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. "Receiving" means acquiring possession or control or lending on the security of the property.
  2. In any prosecution under this Code section it shall not be necessary to show a conviction of the principal thief.

(Laws 1833, Cobb's 1851 Digest, pp. 807, 808; Code 1863, §§ 4382, 4383; Code 1868, §§ 4420, 4421; Code 1873, §§ 4488, 4489; Code 1882, §§ 4488, 4489; Penal Code 1895, §§ 171, 172; Penal Code 1910, §§ 168, 169; Code 1933, §§ 26-2620, 26-2621; Ga. L. 1961, p. 118, § 1; Code 1933, § 26-1806, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1969, p. 857, § 4.)

Law reviews.

- For survey article on criminal law and procedure, see 34 Mercer L. Rev. 89 (1982). For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For comment on Gaskins v. State, 119 Ga. App. 593, 168 S.E.2d 183 (1969), see 22 Mercer L. Rev. 481 (1971).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Elements of Crime
  • Included Crimes
  • Burden of Proof
  • Jury Issues and Instructions
  • Application
  • Sentencing
OPINIONS OF THE ATTORNEY GENERAL

Stolen property acquired by a pawn shop remains the property of the original owner. 1996 Op. Att'y Gen. No. 96-24.

RESEARCH REFERENCES

Am. Jur. 2d.

- 66 Am. Jur. 2d, Receiving and Transporting Stolen Property, § 1 et seq.

C.J.S.

- 76 C.J.S., Receiving or Transferring Stolen Goods, § 1 et seq.

ALR.

- Assisting in transportation or disposal of property known to have been stolen as rendering one guilty of larceny, 29 A.L.R. 1031.

Possession of recently stolen goods by one charged with receiving them as evidence on question of guilty knowledge, 68 A.L.R. 187.

Right of purchaser of stolen bonds, 85 A.L.R. 357; 102 A.L.R. 28.

Admissibility, in prosecution for receiving stolen property, of evidence of transactions other than, but similar to, that upon which the prosecution is based, for purpose of showing guilty knowledge or intent, 105 A.L.R. 1288.

May participant in larceny or theft be convicted of offenses of receiving or concealing the stolen property, 136 A.L.R. 1087.

Knowledge imputed to reasonable man as test of knowledge of defendant in prosecution for larceny or receiving stolen property, 147 A.L.R. 1058.

Charge of larceny or receiving stolen goods predicated upon taking or appropriation of waste paper or other articles deposited in street with intention to donate to patriotic or other cause, 156 A.L.R. 631.

Thief as accomplice of one charged with receiving stolen property, or vice versa, within rule requiring corroboration or cautionary instruction, 53 A.L.R.2d 817.

Receiving property stolen in another state or country as receiving stolen property, 67 A.L.R.2d 752.

Attempts to receive stolen property, 85 A.L.R.2d 259.

Sufficiency of description of stolen property in indictment or information for receiving it, 99 A.L.R.2d 813.

What amounts to "exclusive" possession of stolen goods to support inference of burglary or other felonious taking, 51 A.L.R.3d 727.

Receipt of public documents taken by another without authorization as receipt of stolen property, 57 A.L.R.3d 1211.

Receiver of stolen goods as accomplice of thief for purposes of corroboration, 74 A.L.R.3d 560.

Modern status: instruction allowing presumption or inference of guilt from possession of recently stolen property as violation of defendant's privilege against self-incrimination, 88 A.L.R.3d 1178.

What constitutes "constructive" possession of stolen property to establish requisite element of possession supporting offense of receiving stolen property, 30 A.L.R.4th 488.

Conviction of receiving stolen property, or related offenses, where stolen property previously placed under police control, 72 A.L.R.4th 838.

Possession of stolen property as continuing offense, 24 A.L.R.5th 132.

Participation in larceny or theft as precluding conviction for receiving or concealing the stolen property, 29 A.L.R.5th 59.

What constitutes tax-deductible theft loss under 26 USCS § 165, 98 A.L.R. Fed. 229.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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